Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Law

Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel J. Hulsebosch Mar 2018

Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel J. Hulsebosch

William & Mary Law Review

This Article develops the argument that the Federal Constitution of 1787 was conceptualized, drafted, and put into operation not only for American citizens but also for foreign audiences. In a world without supranational governing institutions, a constitution—at least, the Federal Constitution—might serve to promote peaceable international relations based on reciprocal trade and open credit. That at least was the Enlightenment-inflected hope.

Did it work? If early Americans engaged in constitution-making in large part to demonstrate their capacity for self-government, selfdiscipline, and commercial openness to foreign audiences, did anyone notice? Or was it all, regardless of diplomatic purposes and ...


The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha May 2015

The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha

William & Mary Law Review

No abstract provided.


Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse Mar 2014

Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse

William & Mary Law Review

No abstract provided.


The Jury As A Political Institution: An Internal Perspective, Robert P. Burns Mar 2014

The Jury As A Political Institution: An Internal Perspective, Robert P. Burns

William & Mary Law Review

In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American ...


Foreword: The Legacy Of St. George Tucker, Davison M. Douglas Feb 2006

Foreword: The Legacy Of St. George Tucker, Davison M. Douglas

William & Mary Law Review

No abstract provided.


Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank Oct 2002

Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank

William & Mary Law Review

No abstract provided.


The Transformation Of The American Civil Trial: The Silent Judge, Renee Lettow Lerner Oct 2000

The Transformation Of The American Civil Trial: The Silent Judge, Renee Lettow Lerner

William & Mary Law Review

No abstract provided.


The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz Feb 1999

The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz

William & Mary Law Review

No abstract provided.


The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker Oct 1998

The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker

William & Mary Law Review

No abstract provided.


A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins Feb 1991

A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins

William & Mary Law Review

No abstract provided.


The Revolutionary Idea Of University Legal Education, Paul D. Carrington Apr 1990

The Revolutionary Idea Of University Legal Education, Paul D. Carrington

William & Mary Law Review

No abstract provided.


Introduction To Legal History Symposium, John Bernard Corr May 1982

Introduction To Legal History Symposium, John Bernard Corr

William & Mary Law Review

No abstract provided.


William And Mary Bicentennial Commemoraiton: New Light On The General Court Of Colonial Virginia, Frank L. Dewey Oct 1979

William And Mary Bicentennial Commemoraiton: New Light On The General Court Of Colonial Virginia, Frank L. Dewey

William & Mary Law Review

No abstract provided.


The First Two Vinerian Professors: Blackstone And Chambers, Rupert Cross May 1979

The First Two Vinerian Professors: Blackstone And Chambers, Rupert Cross

William & Mary Law Review

This is the second in a series of four articles commemorating the bicentennial of American legal education, dating from the establishment of the first chair of law and police, occupied by George Wythe, at the College of William and Mary on December 4, 1779. The colonial antecedents to the College's formal relation to professional legal education may be traced to the career of Sir John Randolph, a student at William and Mary, 1705-1713, who then prepared for the bar at Gray's Inn, London (1715-1717). Randolph's two sons, Peyton ("The Patriot") and John ("The Tory") followed his example ...


The Rev. John Bracken V. The Visitors Of William And Mary College: A Post-Revolutionary Problem In Visitatorial Jurisdiction, J. W. Bridge Mar 1979

The Rev. John Bracken V. The Visitors Of William And Mary College: A Post-Revolutionary Problem In Visitatorial Jurisdiction, J. W. Bridge

William & Mary Law Review

No abstract provided.


Nineteenth Century Anti-Entrepeneurial Nuisance Injunctions - Avoiding The Chancellor, Paul M. Kurtz May 1976

Nineteenth Century Anti-Entrepeneurial Nuisance Injunctions - Avoiding The Chancellor, Paul M. Kurtz

William & Mary Law Review

No abstract provided.


The Chief Justice As Leader: The Case Of Morrison Remick Waite, D. Grier Stephenson Jr. May 1973

The Chief Justice As Leader: The Case Of Morrison Remick Waite, D. Grier Stephenson Jr.

William & Mary Law Review

No abstract provided.


Protection Of Immigrant And Racial Minorities: A Survey Of British Legal History, Richard Plender Dec 1971

Protection Of Immigrant And Racial Minorities: A Survey Of British Legal History, Richard Plender

William & Mary Law Review

No abstract provided.


The Sherwell Lecture: The Human Comedy In Legal History, Frederick Bernays Wiener Dec 1969

The Sherwell Lecture: The Human Comedy In Legal History, Frederick Bernays Wiener

William & Mary Law Review

No abstract provided.


Reception Of English Common Law In The American Colonies, William B. Stoebuck Dec 1968

Reception Of English Common Law In The American Colonies, William B. Stoebuck

William & Mary Law Review

No abstract provided.


Book Review Of Legacy Of Suppression, James P. Whyte Jr. Mar 1962

Book Review Of Legacy Of Suppression, James P. Whyte Jr.

William & Mary Law Review

No abstract provided.


Obscenity And Social Statics, David C. Rittenhouse Apr 1958

Obscenity And Social Statics, David C. Rittenhouse

William & Mary Law Review

No abstract provided.


The Background Of The Fifth Amendment In English Law: A Study Of Its Historical Implications, John A. Kemp Apr 1958

The Background Of The Fifth Amendment In English Law: A Study Of Its Historical Implications, John A. Kemp

William & Mary Law Review

No abstract provided.


Equal Justice For All - Myth Or Motto?, John R. Batt Apr 1958

Equal Justice For All - Myth Or Motto?, John R. Batt

William & Mary Law Review

No abstract provided.